JUDGE UPHOLDS FIRING OF TEACHER IN MIDDLETOWN

The board of education was justified when it fired former high school teacher Sal Caracoglia on grounds of insubordination, moral misconduct and other offenses, a Superior Court judge has ruled.

Caracoglia was fired Dec. 18, 1995, after he was accused of harassing and intimidating a female student, making disparaging remarks about a teacher in public and making an obscene reference to the same teacher in front of a student.

Caracoglia, a tenured language teacher in the city since 1979, appealed his dismissal in January 1996. He claimed the board's decision violated his right to free speech under the Constitution and was "unfair, unreasonable, excessive and contrary to the evidence."

In a ruling this week in Superior Court, Judge Philip R. Dunn found that Caracoglia's comments about the teacher, Chris Marselli, during a Middletown Common Council meeting did not meet the standard for constitutionally protected speech.

"This court cannot, by any stretch of the imagination, conclude that obscene comments about a fellow teacher's dating prospects from 10 years ago in any way related to matters of public concern," Dunn wrote in his 15-page decision.

Dunn's ruling also supported the findings of an impartial hearing panel that reviewed the school board's grounds for Caracoglia's termination in October and November of 1995 and found the board justified.

"The plaintiff's behavior as outlined herein is clearly improper conduct which should never be allowed to continue, particularly where such conduct has a direct effect on our youth," Dunn wrote.

During a court hearing before Dunn last December, Caracoglia's attorney, John Williams, tried to show his client's behavior was justified. Williams argued that Caracoglia's comments at the council meeting were relevant to Marselli's qualifications as a public office holder.

Williams said Caracoglia was also within his rights as a teacher when he asked a high school student if she had been drinking alcohol with the student who filed a harassment complaint against him.

Williams could not be reached for comment Wednesday.

Reached at home, Caracoglia said he was upset by Dunn's ruling.

"I was denied justice," Caracoglia said. "How can the judge rule on something when he hasn't heard my testimony?"

Caracoglia said he has been waiting almost two years for his day in court and will continue to pursue a separate lawsuit pending against the school board in Superior Court.

That lawsuit, which is a separate action from Caracoglia's appeal, is currently awaiting a trial date.

Caracoglia denies the allegations against him. He said he suspects Dunn did not fully understand the issues in his appeal.

"It's totally wrong," Caracoglia said. "How can you have freedom of speech when you're not allowed to say anything?"

School Superintendent David H. Larson said he was pleased with the ruling.

"I think the judge has confirmed what the panel stated and it also confirms that the board's action was appropriate and they had just cause to dismiss him," Larson said.